appeal on conviction or not, direct that any person be admitted to bail, or that the bail required by a police-officer, or Magistrate be reduced. A Member of Parliament being enlarged on bail cannot avoid appearance before the trial Court simple on the plea that the Parliament is in session. 11The question of granting or refusing bail depends upon the particular circumstances of each case and the mere fact that an offence is punishable with death or life imprisonment is not by itself sufficient to refuse bail.12 The grant of bail is the discretion of the court and the Court could consider the exercise of discretion if it is satisfied in the facts and circumstances of the case that the trial cannot be concluded within the specified time.13 The apprehension that there is possibility on the part of the petitioner to interfere with the process of investigation and of tampering with the evidence has got no basis at all. The attending circumstances shown the petitioner deserve bail.14 The deceased was killed in her husband’s house and naturally he was then her best custodian and he is supposed to know the cause of her death, but the story narrated in the UD Case which was ended in the final report creates presumption about the implication of the husband in the occurrence. Moreover, there is no cause to consider the prayer for his bail in the light of the decision referred which was given in an appeal. 15Non-compliance of direction of High Court Division by the Court below as to conclusion of trial of the case within 4 months will not create any right to the accused Harun to be entitled to get bail disregarding the allegation of overt act against him. Court of law must act upon materials on record to decide the question of granting or non granting of bail.16 As the petitioner has no forum to surrender at this stage and police is after him the accused-petitioner is enlarged on anticipatory bail for limited period till submission of police report.17 Bail Bond and Surety (Section 499) Section 499 of the Code of Criminal Procedure, 1898 provides that provision bonds of accused and sureties which is following under, (1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police-officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall 11
KM Obaidur Rahman v. State 55 DLR (AD) 6.
12
Captain (Retd) Nurul Huda v. State 55 DLR (AD) 33.
13
Ibid.
14
Dr. Qazi Faruque Ahamed v. State representes by the Deputy Commissioner, 56 DLR 600.
15
Azam Reza v. State 57 DLR 318.
16
Harun-or Rashid v. State, 56 DLR 318.
17
Shawkawat Hassan v. State 57 DLR 244.